The Sun. — London, England, 1818-01-26 00:00:00

01 , 1:4-,11 rates nily induce tlietn. Hence 1 , t grelt desertion from mar t‘ervice,vvhicb, (hiring Ire late provided the American navy warran! o fficers and ail the efiicictir part Of titt-ir ships' companies. Hence We al.o find in Inc niraiical critizers in the West Indies a great r-opf.rtiOn of Poitish eentnerl, Mcii, who con ti.itte in the cbAstirig trade., are never kiln!: remov ed nt their friends and tin it homes. They Ire (ptentiy see ;Anil constandy coninionirate with pa tents and rela!imPt. 'FI it n'ttaclonents to their home and their country are never interrupted or vb.ited, while the nature of the navigation in Which they are employed„ round an iron-hound coast, in an tin•ettled and stormy climate, inures then, to Gauger, faiivie and exertion,-that (1,, nor tail to proche a sicilhd and hardy seaman, always IlAnd to he employed in the service and defence of a country he loves, and front which his attach ment, has never been weaned by long absence, atid the lt,hits of a roving life. The Coal trade, as it relates to our internal prosperity, cannot he ton pinch encouraged. It ought to be made as tree as air, in order to render it useful to the full extent of which it isAinscep tilde. The Bonds necessary to prevent clandes tine exportation should be exempted from stamps, fees, and every impediment that can he avoided. Let us make the most of an advantage bestowed by a beneficent Providence almost exclusively On this happy land, to alleviate the preisure occa sioned by a long and necessary war. An increased consomption of Coal trill benefit almost every in diVidnal in every part of the kingdom. The Coal countries will be benefited by an additional sale ; while that additional sale will enable them rather to lower than to increase prices; it being all axiom very well known and. understood, that all Col lieries are able to sell cheaper by having a larger sale. The distant consumers of every description will have an evident gain in reduced price and re lief from the duty.. The coasting trade, with all its concomitant consumption of stores, will he increased. So great a stimulus instantly applied by a repeal on the duty on Coal, cannot fail to. be beneficially felt by all ranks in the country. The rinestion also arises, whether the restric tions on the coasting trade in Coal be not as ob jectionable from the evils they occasion, as from the good which they prevent. The Tax is partial, inasmuch as a part only of the people are subjected to the payment. It is oppre , sive,berause it is paid by those who consume their coal with the freight added to the cos t ; while those who live in the neighbour hood of Coal have very little expence of carriage, and are wholly exempt from the tax. It confines our manttfactories to particular dis tricts ;' crowding an uninfornred population in masses, into a smaller compass than is necessary, and thele:tv rendering them more dissolute, and consequently More unmanageable and mischievous. In contemplating the great and immediate ad vantages of a repeal of the duties on Coal, with a view to increasing the means and prosperity of the country, and to the eventual improvement of the public revenue, I do not lose sight of the proximete necessity of revenue, and the inconve nience, perhaps the impracticability, of giving up a pvt.t of the present revenue for any prospect of di s t a nt advantage, however great and however certain. should,thetefore recommend a commutation of this duty for another, that would present itself free of the Many and great objections to the Coal duty—a duty at once easy and economical in col lection ; general in its operation, and tliat should replace to the' Trea . sury the full amount of any !air -;.alculation of neat re‘enue now produced by the duty on Coal. The largest sum of gross revenue that has been received from ditty on Coal, in one year, is Eleven tiundrvd and Forty-two "Fhousand founds. No fait account has ever been made of the expence of collection. Such account it would be' very difficult to make with accuracy, as the officers who collect the Coal duty are not exclusively em ptoyed for that purpose. It k however well known that an additional number of Officers of the Cus toms are kept at all the pouts wkr i b the duty is payable, and that upon the whole estaklishment of the Customs the number of Officers is so ma terialy increased by this collection, tt l at it may cry rattly be questioned, whether one half the sum p id for coasting duty ever reaches the Trea sury. Upon every principle of sound policy, a Tax which requires 50 per Cent, for collection ought instantly to be given tip—if it were liable to no other objection. But the Tax 'in question, be sides having nothing to,recomtnend it, as a branch of the tevenue simply, is liable to every objection that has ever been rationally attributed to a Tax. Should any doubt remain as to the great and manifold 'advantages of a repeal of the coasting duty on Coal, I would appeal to the example of Scotland, where the duty was repealed by a COM . HIM at ion on home-made spirits about 25 years ago. I believe every man in Scotland will allow, that no greater or more valuable boon was ever granted to that part of the Empire, by the Legis lature, since the Union. Much of the prospe rity of time agriculture, commerce and manufae tufts of Scotland, may be justly attributed to tklat wise and humane measure; by which also that country" was enabled to join with so much effect in the great exertions of the late war, and fo be less affected by the pressure than any other part of the Emi.irc. All the powerful motives' that maybe produced for repealing the duties on the Coal Trade in Great Britain apply also, and perhaps more forci bly, to Ireland, inasmuch as that country may be said univerally to want Coal. The small quan tity and pectiliai quality tif the Irish Coal, must always renderireland dependent on the mines • of this island for her fuel. The sinr:Cre intention of the Legislature , to Mike the union a real and substantial union of views atuf intere , t, cannot be better or more ef fectuallymani,ested, than in making Ireland a pa" of the United Kingdom, not alone in name, but lcy the reality of a participation in the greatest of our natiO'nal advantages. We have most wisely laid duties and restrictions on the Coal Trade with all foreign countries ; and the sister island will somsibly feel the advantage of being made a part this kingdom, if we communicate to her the benefit of our Coal to the fullest extent possible, by removing ill duties anal impediments to the transport from Britain to Ircian 1. . . . The Legislature have already dewoustrated their partiality to Ireland, by imposing a more mo derate duty on Coal exported to Ireland than to foreign countries. So• far, this was wi•e and jest : but it is not enough that we demonstrate a priferenre to Ireland beyond other countries. It h•is now become - our du: y, as it would always Bare been our interest, to consider Ireland as an integral part of B:itain.; and to communicate to Sher freely, liberally, and without reserve, every advantage, oat oral awl acquired, that we possess. For Gis we shall continue to receive that power ful 'assistance front Ireland which, in Lite ar duous struggle for our existence as a nation, was given with all the energy . and good-will so strik hOy characteristic of that generous, high minded, and grateful nation. The British Coal Mines should be considered as 'he natural capital of a commercial and enter prising people, the source of their manufactures, the very nervg of their industry; and it is sin cerely to be hoped, that one of !he first acts of the ensuing session of Parliament will be to take this momentous subject into consideration, for the purpose of giving an immediate stimulus to our home trade, our coasting navigx ion, and the em ployment of so many thousands of seamen and labouters in every part of the country. SPECTATOR. LAW INTELLIGENCE. • COURT OF KING'S BENCH, JAN. 24. APPEAL OF MURDER AND WAGER OF BATTLE. ASHFORD V. THORNTON. [FURTHER ACCOUNT.] This being the day appointed by the Court for Thornton's coining up to put in his replication to the counter-plea of the appellant, NVestminster hall was crowded at an early hour by hundreds of persons, anxious to get into the Court to witness this novel proceeding,. A few minutes before nine o'clock the prisoner arrived from the King's Bench Prison in a hackney-coach, in'the custody of Gibbon, the tipstaff, and one of the under keepers. He entered the Court' by their [,,ord ships' private door, and thus avoided the crowd. He was placed in the usual situation behind the bar, in the centre of the Court, and directly be hind the King's Counsel. He was. dressed in black, appeared in good health and spirits, and was much stouter than when he last appeared in Court. . Wm. Ashford soon after entered the Court, ac companied by his Solicitor. At ten o'clock Mr. Justice BAYLEY took his seat, and the common motions were disposed of, and several Attornies were sworn. At half-past ten o'clock Lord -ELLENBOROUGH and the rest of the - Judges entered the Court. Lot d Ellenborough immediately called on Mr. Clark. Mr. CLARK—My Lord, in the case of Ashford, appellant, and Thornton, appellee, I have to state, that the appellant, William Asfoul, is in Court. _ William Ashford, the appellant, then presented himself to their Lordships. Mr. READER—My Lord, on the part of the ap pellee I have now to tender his replication, and to move that it be read.—The replication was here handed up to the Officer. Mr. Justice BAYLEY—The defendant should verify his replication upnn oath.before it is read. Mr. READER—My Lord, the defendants affi 7 davit is attached to the replication, and he -is now prepared to swear it.—The affidavit %vas then handed down to ,the defendan., and he was sworn. Mr. LE BLANC then proceded to read the repli cation, which was extremely long, and in sub stance as follows :—lt was entitled, " In the King's Bench, against Abraham 'Thornton, at the suit of Willi>rnt Ashford." After setting forth the term, &c. it continned—" The said Abraham Thornton further saith, that notwithstanding what has been alleged by the said William Ash ford in his counter-plea, he, the said Abraham Thornton, is stil entitled to be allowed his wager of battle against the said William Ashford, and that he, 'Thornton, was 1101 bound to - answer this counter-plea, inasmuch as there are still, and were when the counter-plea was put in, strong presumptke proof that he was then, and still is, innocent of the offence with which he is now charged by the counter-plea ; as at the time Mary Ashford went to the house of Mary Butler, on the mornitag of the 27th of May, at four o'clock, site went there alone; that she . left it alone at half-past four o'clock ; that she then walked alone towards Longley, and was afterwards met by ono James Dawson walking towards Longley, still alone, unaccompanied by the said Abraham_ Thornton, who was not !War the spot, or in sight of it ; and that about a quarter of an hour after the said Mary Asittord was again seen, still alone, crossing the Bell-lane, towards Longley, by one Thomas Broadhurst ; that Ike road bete was broad and straight for a considerable way, and had he, Thornton, been near, Broadhurst must have seen him, which he did not. And the said Abra ham Thornton , turther saith, that, on the morn-. iag of the 27th of May, lie (Thornton) was seen by IVilliarn Shaw Jennings and John Holden the younger, and also by Holden the younger's son, after four, walking on the road leading from Bromwich to Aston, his own home and that he was walking slowly and deliberately, and not in a harrying or confused manner; and that on the same morning he was seen about a mile further on the same road, at ten minutes before five o'clock, by John Heydon ; that he stopped and conversed with him for a quarter of an hour; that he was then- going towards his father's house, near Castle' Bromwich ; that James AVoodeock saw him in conversation with Heylon, and that a person named James White saw him in Brom wich on the same morning, at 25 taioutes or half an hour past five, walking towards his father's house. And further, the said Abraham Thorn ton saith, that the distance from Mary Butler's house to the pit, across the harrowed field, was one stile two turlongs and thirty yards; and the distance from the workhouse to the pit, one mile and three furlongs ; and to Bromwich two miles and upwards. The distance from the pit to voting Holden's farm-horse, one mile seven fur longs and one httndred and seventy yards ; and to the house of Holden the elder, one mile four fur longs and sixty yards ; bUt there was no foot path, and the. way was intersected with hedges, ditches and other impediments. "that the clocks at Mary Butler's and at Holden's had been ex amined by an impartial person IrOm Hirminghain on the 27th of May, and the time between each calculated, and that it was as hereset down; and that the time of a quarter past four, when Mary, Ashford left Butler's house alone, and of half an hour before five, ‘‘ hen the said Abraham Thorn ton was at Holden's house, had• also been calcu lated by an impartial person by the Birmingham time. That on his arrival at his father's how3e he changed his coat, waistcoat, and hat, but that he continued to wear the same shirt, breeches, stoek• ings, and shoes, as he wore the night before. That on being apprehended, he was taken before Mr. Bedford, a Magistrate. He then stated whete hie had been, and the persons lie had seen at different times. His examination was taken down in writ ing, and he signed it. None of the facts contained in that examination had been - contradicted ; all the most important of them had been corrobo rated by evidence." The replication then proceed ed to state the particulars of the defendant having been brought to trial at Warwick, on the charge of minder and rape, and of his having been de clared by the Jury not guilty on either of these charges. And further, that the Abraham Thorn ton and Mary Ashford mentioned at that trial, were the Abraham Thornton and Mary Ashfoid mentioned in the present appeal and counterplea. And that the presumptive proofs of guilt men tioned in the counter plea were ah of them proved in subs;ance and effect at the late trial at War ick. And the said Abraham Thornton► . further said, that the presumptive proofs of innocence which he had now adduced were much , stronger than the presumptive proofs set forth by the ap pellant in his counter-plea ; and therefore he prayed to have his wager of battle against the said William Ashford, the appellant. The affidavit of the defendant, verifying his re plication, was then read by Mr. Le Blanc. Mr. CLARK—My • Lord, on the part of my client, the appellant, I have to ask for time to answer this replication.—Lord ELLENBOROUGH. That is but reasonable ; what do you say, Mr. Reader ?—Mr. READER. My Lord, - I can have no object r . CLARK. ' If your Lordchip pleases, I will take till Thursday.—Lord ELLENBOROUGH. Let Thursday be the day. , The prisoner was then taken out of Court in the same custody in which he entered. The Court was crowded to excess. • The Court then proceeded to bear arguments on motions for new trials, which were destitute of public interest. SUSPENSION OF THE HABEAS CORPUS ACT. About three o'clock Lord ELLENBOROUGH in timated that he had been informed that there were some persons in Court desirous of making mo tions ; if so, he would hear them then. A man of decent appearance, dressed in black, with his hair powdered, then rose, and said he had a motion to . make. He was not prepared• yester day. He had not money enough, nor was he rich enough to throw away ten pounds in employing others to represent his interests. •He wrote to Lord Sidmouth to consult hint how he was to act; hnt his Lordship declined an interview whit him. He had applied to his Lordship (Lord Ellenho rough) with the same view, hut his ,Lordship had said, that he was not a Counsellor ; that it was not his duty to give. advice, but to sit as a Judge. Under these circumstances he had again to pre sent himself to their Lor k !ships' notice. Lord ELLENBOROUGH—`‘ We cannot listen to t h ese interlocutory speeches from every individual w h o ma y think prOper to address us. What is the motion you have to make ?" The person hi question: " My Lord, I beg leave to move, either that I may be discharged from the rccognizances into which I have been Forced to enter, or that 1 may be brought tt trial forthwith." Lord ELLENBOROUGH—On what ground do you move to have yourrer:ognizances discharged ? (The Attorney-Genetal at this moment entered the Court.) Lord ELLENBOROUGH now asked the name of the person who addressed him ? The titan answered, John Johnstone. Lord ELLENBOROUGH-1s there any rerogni zances of John Johnstone before the Court ? Mr. Dealtry, Clerk of tbe•CrOwn Office, looked among his papers, and answered in the affirmative. Lord ELLENBOROUGII—Read the recognizance. Mr. Dealtry then read the recognizance, which was taken before E. T. Lyon, Esq. at the Castle of Exeter, and bound thedcfendant J. Johnstone, under a penalty of lOW. to appear in Isis Majes ty's Court of King's Bench ors the first day of the present Term,, to anSkrer all and every thing which might he alleged against him, and there to attend from day to day until discharged. Lord ELLENBOROUGH—NoW 'what have you to object to t his 'recognizance ? Mr. JOHNSTONE—I wish to state the circum stances under which my imprisonment took place. I have prepared an affidavit on the subject, which I ant desirous your Lordship should bear read. Lord ELLENBOROUGII-1 yesterday explained that there was no occasion for the parties wider recognizance to attend till farther called on. JoussToNE—l call on you to read my case, which . is stated in the affidavit I hold in my hand. Lord ELLiztgEoaotron—What object is to be derived from bearing the affidavit ' Mr. JOHNSTONE—The object which I have in view is to have my recognizances cancelled, or to be . beought to trial as soon as convenient. I do not mean to be importunate. Lord ELLENBOROUGH-fit must appear that we have a right to caned your recognizance before it can be done. As for bringing you to trial, that is not in ou r power. Mr. Joil NSTONE-1 presume you will give me a decided answer. Mr. Justice 13AYLEY—Can you show• us any grounds upon which we shill' he authorized in drawing the conclusion that the recognizance into which you have entered ought mot to have been taken ? Air. JOHNSTONE—I do not pretend to say that there are any such grounds. Lord ELLENBOROL'GH—Then you are in no condi►ion to make this motion. Unless you "*„ spew us that your recognizance has been illega" , taken, we have no right to list-nrb it. We calinc 3 have the time of the Court thus wasted. Mr. JOHNSTONE—The object which I am d" siroog of obtaining is of vast importance to me• Mr. Justice BAYLEY—Your application is Or liped to two things :—First, that you should b e 'brought to trial forthwith. To this you have re" ceived for answer that the Court have not tb e bower to bring you to trial. The second thing fo r which you apply is to be discharged from )70 01 ' recognizance, and upon this your ans‘ver has flee's equally explicit. There is no ground upon whic h the Court Can comply with this request, unle ss yiiyr can satisfy us that your recognizance lo g been illegally obtained from yon. You say y" ur affidavit does not go to stew that there has bee n au illegality in the mode of taking Your recq,Toi" 'Lance, consequently, we can afford you no redres # ' Mr. JOH NqToNTE—Then I must certainly beg - the Court (as I shall remain in town, and be in a t " tendance from day to day, as my recognizance re' quires) to allow me the means of supporting myse lf .' It would not he prudent of toe to return to my f a ' mily, and still. to have this recognizance held ove r my head. It is my decided wish, if my recog" nizance can't be discharged, that I be brought toi trial. In the interim, I hope your Lordships afford me the means of living comfortably. 1 7 ( 11. Lordship will not think this request unreasonab le ' Lord EL LENBOROUGH—Your appliration, if not . unreasonable, is certainly an extraordinary oy e ; The Court have no power to comply with yo u ' desire. Mr. JOITNSTONE—Then your Lordship means to say ►hat you refuse to grant any one of applications. LOH' ELLENBOROUGN—I mean to say what have said. The ATTORNEY-GENERAL now addressed tl kf, Court as follows : —My Lo r ds, I h a d n o I , “t ic : t whatever of an y suc h mo ti ons as t h ose w hich Y° have heard being about to he made this day, ,w e what I tierived from th e or di nary c h anne l s o f r i v' t lit information, in which 1 saw reported tb B r which occurred yesterday. In co nseque nce ‘` what I thus collected, 1 felt it my duty t o a tteo' here and to state, that I have every reason to be lieve the gentleman who has been making thes e applications had notice before he left Manch" tet that his attendance in Court would not be re !' quired. Lord ELLENBOROUGH—Then the inconvenien ce and expence of being absent from his family is at. tributable to himself ? The ATTORNEY-GENERAL-SO I believe, a 4 believe that every other gentleman who enter % into recoanizances un d er s i m il ar c i rcum stance received :like communication. Mr. JOHNSTONE—I do not mean to deny that' f Lord ELLENBOROUGH—The Ii (here is an en ( ' , ° this business. Mr. JOHNSTONE-1;1It I WiSh to state the natur of the notice which I received. Lord ELLENBOROUGH—R,eaIiv the time of tie Court, which belongs to other suitors, .cannot b e thus trifled with. We have your motion, and ha y . given you the on ly answer o f w hi c h it is s us ceptible. sob- Mr. JonNSToNE,Then mus t Mit to the consequences. Two other person s , named J o hn R o b ert s att4l SamuelDrutrunond, made sitttilar Motiohs, were rejected. Other p ersons were pre pared “; bear the sam e c ourse , b ut t h e -C OM A would 0 0. hear them. The KING O. O!GRADY.•---On the 20th inst 3lll ' the Irish JudgeS sat in the Court of Exchequer' Dublin, for the purpose of pronouncing judgili ell in this important case, as to the right .of ti ' s a. CHIEF BARON of the. EXCHEQUER , a ppOillt o person to-the office of Clerk of the Pleas, vsf s by the death of the Earl of Bucxmcnams lll ,31- ' or whether the right was vested in the Crowli• - ._ , , The Judges were cagaged in delivering their 41 1 )1 5 nions, when the CHIEF JUSTICE -of the ICIt' G BENCH was attacked with sudden indispositt o ",; which caused an adjournment, w ithout th g . l coming to a final decision on the question. OLD BAlLEY.—Saturday 25 prisoners F e te tried, one of whom was capitally convicted, John Farmer, for stealing two pair of [)Dots nine pair of shoes from Samuel Emtnens, privately in his shop. COWES, JAN. 24.—Yesterday a Gentleman Win has been staying. at the Fountain Inn, came 0 horseback towards Mr. Day's stage, which ran: into the sea; after quitting his horse, and giv i : it in. charge of John Urry (a tide-waiter in atiel'u t i ance), he ran to the end of the stage, and leap e into the sea. Fortunately there were several pc" sons on the spot, by whom his life was saved. ROBBEiIY.-011 Thurday night the coach:house Of Mr. CALDECLOUGH, Broad Green n ot tSo Croydon, was broken open, and the plate-glos s windows of a barouche, a large quantity of Cdr . ; riage loarness, two saddles, and severa l ar ti c les 0 1 wearing apparel (belonging to the coachrnao) , were stolen. MARRIED • Lately, at Tralee, County of Kerry, Captain Bowles, the 81st Regiment of Foot, and nephew of the late Major - General Robert Bowles; of the Honourable East India Coo" parry's Service, to the eldest daughter of Oliver Stokes, ,EVI' of the County of Kerry. On the Sth inst. at Kensington Church; Bab. Ch a rrier, Esq. of Kingston, Jamaica, t o Catharin e , s econ d danghter o f the late N. Saltarelii, Esq. of .Kensington-house, Kensio ton, Middlesex. DIED. On Wednesday last, Mrs. Teasdale, wife of J. Teasdale) Esq. at his house in Harley-street.` Cavendish-square. Al Croydon, sarne day, Mr. William❑ Turner, veterinary student, in the 9.3 d year of his age. On the 18th of July, 1817, at Calcutta, Harriette, the wife of George Richardson, Esq. of the Hon. East India CompanY' S Bengal Civil Service, in the 23d year of her age. LONDON: Printed by J. B. cAnsTAirts, of No. 29, Great Ormond-street, Queen-square; and published by W. A• SCRIPPS, of No. 7, South Alolton-strect, at Tili; Stirl Office, No. 112, Strand; where Advottisements, Orditis ) Letters j &e, (punt-paid) must be addressed. ►~~ • - : 4 , .1 ~ Y.